'(1A) If OFCOM considers that there are reasonable grounds for suspecting that the case is urgent in that there is an immediate risk of a serious threat to the safety or the public, to public health or to national security, to public policy of to consumers and that the urgency of the case makes it appropriate for them to take immediate action then they may issue an immediate direction under this section, notwithstanding that the conditions in paragraphs (a) to (c) of subsection (1) are not satisfied.'.

'(7) In a case where a requirement for information under section 131 or 132 indicates a requirement for any person to answer a question, make a statement or provide an opinion, whether orally or in writing, such answer, statement or opinion shall not be used by OFCOM in relation to any action to be taken against that person under section 33, 37, 92, 108, 126 or 135 without the consent in writing of that person.'.

Clause 146, page 131, line 38, leave out from 'apparatus"' to end of line 39 and insert 'means (except where the extended definition in the electronic communications code applies) apparatus constructed or adapted for use in transmitting, conveying (including switching or routing) or receiving signals (as defined in section 28(10)) which are to be or have been conveyed by means of a transmission system described in section 28(1)(a).'.

Mr Andrew Lansley

15

Clause 149, page 136, line 32, leave out subsection (3).

Mr Andrew Lansley

23

Clause 156, page 140, line 44, at end insert

'(d)

after subsection (4), there shall be inserted

"(4A)

The sum of charges in respect of the grant of recognised spectrum access shall not exceed those which would apply in line with the principles of section 34(4) of the Communications Act 2003.".'.

'(3A) OFCOM must make their decision no more than two weeks after the dispute is referred to them under section 180 (or, as the case may be, two weeks after the dispute is referred back to them under subsection (6)).

(3B) Where it is practicable for OFCOM to make their decision before the end of the two week period, they must make it as soon in that period as practicable.'.

'(2A) In exercising their functions under this section OFCOM shall consult with and have regard to the views of persons providing services and facilities other than the BBC who, in their opinion, are likely to be affected by the BBC's services.'.

'(3A) It shall be the duty of OFCOM to carry out a review of the operation of the provisions of section 272 of this Act and section 32 of the 1990 Act no more than 12 months after the commencement of this section.'.